People v. Smith

Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction of first degree robbery and attempted first degree robbery is against the weight of the evidence. That contention is without merit. It was reasonable for the jury to infer from defendant’s conduct and from the circumstances surrounding the commission of the crimes that defendant acted intentionally (see, People v Steinberg, 79 NY2d 673, 682; People v Smith, 79 NY2d 309, 315).

The alleged prosecutorial misconduct did not deprive defendant of a fair trial. Although the prosecutor’s attempt to avoid a stipulation…